Assembly Bill A5972

2023-2024 Legislative Session

Provides for due process procedures for certain persons who have received an offer for transitional care or certain care prior to becoming eligible to receive such care

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5972 (ACTIVE) - Details

See Senate Version of this Bill:
S3177
Current Committee:
Assembly People With Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:
A8486, S8355

2023-A5972 (ACTIVE) - Summary

Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2023-A5972 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5972
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on People with Disabilities
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
   procedures  for  certain  persons  who will become eligible to receive
   transitional care or certain care at a future date

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 13.38 of the mental hygiene law,
 as  amended  by  chapter  106 of the laws of 2015, is amended to read as
 follows:
   (e) 1. Upon making a determination that  a  person  who  is  receiving
 transitional  care  or care pursuant to subdivision (g) of this section,
 OR WHO HAS RECEIVED AN OFFER FOR CARE FROM THE OFFICE PRIOR TO  BECOMING
 ELIGIBLE  TO  RECEIVE  TRANSITIONAL CARE OR CARE PURSUANT TO SUBDIVISION
 (G) OF THIS SECTION, can be appropriately  cared  for  in  an  available
 adult  care  facility  or service licensed, certified or approved by the
 office, and whose removal from a child care facility is not required  on
 an  expedited  basis,  the office shall notify in writing the person and
 the person's guardian, if one has been appointed, or another  individual
 who  has  been  involved in the care of the person and who may represent
 the person's interests, of the description of the  proposed  new  place-
 ment,  the availability of an administrative appeal to review the deter-
 mination and of the need to request such an  appeal  in  writing  within
 thirty  days  of the notice. If the person, guardian or other individual
 requests an administrative appeal within the time required,  the  office
 shall  schedule  a hearing providing no less than ten days notice to the
 objecting party and the commissioner or his or her designee shall  issue
 a written determination to the objecting party within thirty days of the
 adjournment of the hearing, on whether the adult placement identified by
 the office is appropriate to the needs of the person and is available or
 will  become  available  on  an  identified date certain. If the person,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08145-01-3

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